While the American jury system is one of the greatest human inventions, it is not infallible. At times our peers are influenced by prejudice, passion, or corruption; they sometimes ignore or misconceive evidence, take improper elements of damages into account by speculation and conjecture.

A verdict based on any of these elements should be rejected by the trial judge and superior appellate courts. There are various procedures for putting the decision before the respective courts. Rather than address those procedures, this blog will focus on the legal standards the courts consider.

In Ellender, the plaintiff was injured in a motor vehicle accident and presented undisputed evidence of back and neck injuries that would cause him pain and suffering in the future. The evidence also revealed that, while the plaintiff had a prior back injury that could have contributed to his pain, he had no preexisting neck problems. The jury awarded the plaintiff past and future medical expenses but awarded nothing for past and future pain and suffering. The plaintiff’s motion for additur or, alternatively, a new trial on damages was denied. On appeal, the appellate court recognized that where “the evidence is undisputed or substantially undisputed that a plaintiff has experienced and will experience pain and suffering as a result of an accident, a zero award for pain and suffering is inadequate as a matter of law.”

In other words, where the evidence is undisputed, it cannot be ignored. Essentially, the analysis is objective. The court examines the record for disputed evidence on the subject. If none exists, the court must must order a new trial. The quality of the evidence is not weighed. Hence, the basis for the expression, “as a matter of law.”

This standard requires a qualitative measurement of the evidence. It allows for verdicts supported by disputed evidence to be overruled. It can be a difficult exercise, more difficult than the relatively straightforward objective analysis.

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Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.

While prompt resolution of your legal matter is our goal, our approach is fundamentally different. Our clients are “people” and not “cases” or “files.” We take the time to build a relationship with our clients, realizing that only through meaningful interaction can we best serve their needs. In this manner, we have been able to best help those requiring legal representation.